Can Delaware Be Dethroned?

Can Delaware Be Dethroned?

Author: Stephen M. Bainbridge

Publisher: Cambridge University Press

Published: 2018-01-11

Total Pages: 270

ISBN-13: 1108654452

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Delaware is the state of incorporation for almost two-thirds of the Fortune 500 companies, as well as more than half of all companies listed on the New York Stock Exchange, NASDAQ, and other major stock exchanges. This gives Delaware a seemingly unchallengeable position as the dominant producer of US corporate law. In recent years, however, some observers have suggested that Delaware's competitive position is eroding. Other states have long tried to chip away at Delaware's position, and recent Delaware legal developments may have strengthened the case for incorporating outside Delaware. More important, however, the federal government increasingly is preempting corporate governance law. The contributors to this volume are leading academics and practitioners with decades of experience in Delaware corporate law. They bring together a variety of perspectives that collectively provide the reader with a broad understanding of how Delaware achieved its dominant position and the threats it faces.


What’s the Matter with Delaware?

What’s the Matter with Delaware?

Author: Hal Weitzman

Publisher: Princeton University Press

Published: 2022-05-24

Total Pages: 296

ISBN-13: 0691185778

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How the “First State” has enabled international crime, sheltered tax dodgers, and diverted hard-earned dollars from the rest of us The legal home to over a million companies, Delaware has more registered businesses than residents. Why do virtually all of the biggest corporations in the United States register there? Why do so many small companies choose to set up in Delaware rather than their home states? Why do wealthy individuals form multiple layers of private companies in the state? This book reveals how a systematic enterprise lies behind the business-friendly corporate veneer, one that has kept the state afloat financially by diverting public funds away from some of the poorest people in the United States and supporting dictators and criminals across the world. Hal Weitzman shows how the de facto capital of corporate America has provided safe haven to money launderers, kleptocratic foreign rulers, and human traffickers, and facilitated tax dodging and money laundering by multinational companies and international gangsters. Revenues from Delaware's business-formation industry, known as the Franchise, account for two-fifths of the state’s budget and have helped to keep the tax burden on its residents among the lowest in the United States. Delaware derives enormous political clout from the Franchise, effectively writing the corporate code for the entire country—and because of its outsized influence on corporate America, the second smallest state in the United States also writes the rules for much of the world. What's the Matter with Delaware? shows how, in Joe Biden’s home state, the corporate laws get written behind closed doors, enabling the rich and powerful to do business in the shadows.


Twenty Years European Company Law

Twenty Years European Company Law

Author: Bastiaan Kemp

Publisher: Kluwer Law International B.V.

Published: 2024-08-27

Total Pages: 442

ISBN-13: 9403521287

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Soon after the journal European Company Law was launched in 2004, it jumped to prominence as a leading resource not only for European companies and their lawyers but also for enterprises worldwide with business interests in Europe, a role it has held to the present day. This book, appearing 20 years after the first issue of the journal, celebrates this anniversary with contributions from eminent legal experts in the areas of company law, securities law, and corporate governance. Topics range over both the traditional areas of policy and practice and emerging contemporary issues in the field. The contributions – all of them characterized by the concise and practice-oriented approach for which the journal itself is widely appreciated – cover such European company law issues as the following: sustainability; environment, social, and governance matters; loyalty shares; the proposed Listing Act; cross-border mergers; shareholders’ rights and activism; company groups; and digitization. The book also contains an interview with journal founders Steef Bartman and Cees de Groot on the inception and development of the journal and its ongoing relation to European company law in a broader sense. More than a testament to the front-and-centre presence of European Company Law in the development of European company law and corporate governance over the past 20 years, this book carries on the journal’s aim to inform practitioners and be of interest to academics and students in the field. It is a must-have for those who work in the field of European company law either in corporate practice as legal professionals and advisors or as academics.


Research Handbook on Representative Shareholder Litigation

Research Handbook on Representative Shareholder Litigation

Author: Sean Griffith

Publisher: Edward Elgar Publishing

Published: 2018

Total Pages: 552

ISBN-13: 1786435349

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Written by leading scholars and judges in the field, the Research Handbook on Representative Shareholder Litigation is a modern-day survey of the state of shareholder litigation. Its chapters cover securities class actions, merger litigation, derivative suits, and appraisal litigation, as well as other forms of shareholder litigation. Through in-depth analysis of these different forms of litigation, the book explores the agency costs inherent in representative litigation, the challenges of multijurisdictional litigation and disclosure-only settlements, and the rise of institutional investors. It explores how related issues are addressed across the globe, with examinations of shareholder litigation in the United States, Canada, the United Kingdom, the European Union, Israel, and China. This Research Handbook will be an invaluable resource on this important topic for scholars, practitioners, judges and legislators.


Fiduciary Government

Fiduciary Government

Author: Evan J. Criddle

Publisher: Cambridge University Press

Published: 2018-11-15

Total Pages: 677

ISBN-13: 1108680011

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The idea that the state is a fiduciary to its citizens has a long pedigree - ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering. This book is the first of its kind: a collection of chapters by leading writers on public fiduciary subject areas. The authors develop new accounts of how fiduciary principles apply to representation; to officials and judges; to problems of legitimacy and political obligation; to positive rights; to the state itself; and to the history of ideas. The resulting volume should be of great interest to political theorists and public law scholars, to private fiduciary law scholars, and to students seeking an introduction to this new and increasingly relevant area of study.


Comparative Corporate Governance

Comparative Corporate Governance

Author: Afra Afsharipour

Publisher: Edward Elgar Publishing

Published: 2021-06-25

Total Pages: 544

ISBN-13: 1788975332

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This research handbook provides a state-of-the-art perspective on how corporate governance differs between countries around the world. It covers highly topical issues including corporate purpose, corporate social responsibility and shareholder activism.


Research Handbook on Shareholder Inspection Rights

Research Handbook on Shareholder Inspection Rights

Author: Randall S. Thomas

Publisher: Edward Elgar Publishing

Published: 2023-05-09

Total Pages: 473

ISBN-13: 1800377746

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Shareholder inspection rights form an important tool for shareholder protection. They offer shareholders seeking information private access to specific books and records of the company that are otherwise not publicly available. While there has been a discourse on the topic in some jurisdictions such as Delaware (USA), it has not received scholarly treatment at an international level. This Research Handbook seeks to alter that, and signifies the first endeavor to engage in a comprehensive and comparative analysis of shareholder inspection.


Can Delaware Be Dethroned?

Can Delaware Be Dethroned?

Author: Stephen M. Bainbridge

Publisher: Cambridge University Press

Published: 2018-01-11

Total Pages: 269

ISBN-13: 1107158281

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Leading corporate lawyers and academics evaluate Delaware's dominance of corporate law and the challenges it now faces.


Economics and Law of Artificial Intelligence

Economics and Law of Artificial Intelligence

Author: Georgios I. Zekos

Publisher: Springer Nature

Published: 2021-01-11

Total Pages: 547

ISBN-13: 3030642542

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This book presents a comprehensive analysis of the alterations and problems caused by new technologies in all fields of the global digital economy. The impact of artificial intelligence (AI) not only on law but also on economics is examined. In the first part, the economics of AI are explored, including topics such as e-globalization and digital economy, corporate governance, risk management, and risk development, followed by a quantitative econometric analysis which utilizes regressions stipulating the scale of the impact. In the second part, the author presents the law of AI, covering topics such as the law of electronic technology, legal issues, AI and intellectual property rights, and legalizing AI. Case studies from different countries are presented, as well as a specific analysis of international law and common law. This book is a must-read for scholars and students of law, economics, and business, as well as policy-makers and practitioners, interested in a better understanding of legal and economic aspects and issues of AI and how to deal with them.


The Cambridge Handbook of Social Enterprise Law

The Cambridge Handbook of Social Enterprise Law

Author: Benjamin Means

Publisher: Cambridge University Press

Published: 2019-01-03

Total Pages: 831

ISBN-13: 1316946932

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Growing numbers of employees, consumers, and investors want companies to be truly good; these stakeholders will accept lower economic returns in order to support companies that prioritize sustainability, fair wages, and fair trade. Unlike charities or non-profit organizations, such companies - or social enterprises - are not only permitted but also expected to produce an economic return for investors. Yet, unlike traditional business ventures, social enterprises have no obligation to maximize profits, even on a long-term basis. In this comprehensive volume, Benjamin Means and Joseph W. Yockey bring together leading legal scholars and practitioners to offer an authoritative guide to social enterprise law and policy. The Cambridge Handbook of Social Enterprise Law takes stock of the field and charts a course for its future development. It should be read by entrepreneurs, investors, practitioners, academics, students and anyone else interested in how companies are evolving to address new demands for capitalism with a conscience.